PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[38 Pa.B. 1590]
[Saturday, April 5, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, proposed the following rulemaking:

   Amend § 141.45 (relating to turkey) to eliminate the regulatory prohibition against the use of dogs while hunting wild turkey.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the January 29, 2008, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 18, 2008.

1.  Purpose and Authority

   On June 30, 2007, Governor Rendell signed into law the act of June 30, 2007 (P. L. 62, No. 18). This legislation effectively amended section 2383 of the code (relating to dogs pursuing, injurying or killing big game) to create an exception to the prohibition against the use of dogs to hunt big game by specifically permitting the use of a dog to pursue, chase, scatter and track wild turkeys during the fall wild turkey season. With the passage of this legislation, § 141.45 must be amended to maintain consistency with the recently amended statute. Therefore, the Commission is proposing to amend § 141.45 to eliminate the regulatory prohibition against the use of dogs while hunting wild turkey.

   Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendment to § 141.45 was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 141.45 to eliminate the regulatory prohibition against the use of dogs while hunting wild turkey.

3.  Persons Affected

   Persons wishing to hunt turkey during the fall turkey season within this Commonwealth may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Richard A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-266. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter C.  BIG GAME

§ 141.45.  Turkey.

   (a)  While hunting wild turkey it is unlawful to:

*      *      *      *      *

   (2)  Use [dogs,] drives or electronic callers.

*      *      *      *      *

[Pa.B. Doc. No. 08-626. Filed for public inspection April 4, 2008, 9:00 a.m.]

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